Flashcards Studio

During an information filed in the Regional Trial Court, the prosecutor charges “Miguel Santos” with robbery with violence. The judge conducts an ex parte examination of the complainant and two witnesses and, based on their sworn affidavits, issues a warrant of arrest directed to the municipal police for the arrest of “Miguel Santos,” also known as “Migs,” about 31–34 years old, 5’7” tall, residing at 88 Laurel Street, City of Legazpi. The information lists the offense, the accused’s name and alias, and the place of arrest but does not attach the affidavits relied upon, and there is another person in Legazpi City named “Miguel Santos” who is 32 and bears a similar description. The warrant itself only states the name, alias, approximate age, height, and residence, and does not include any distinguishing marks or identifiers. (a) Identify the requisites for the issuance of a warrant of arrest and the governing standard of proof. (b) Is the warrant valid on its face? Discuss the sufficiency of the accused’s identification and the adequacy of probable cause as presented to the judge. (c) If the warrant is defective, what remedy should the accused or the defense seek, and why?